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  • FIRST POST
    • davilown
    • By davilown 12th Sep 17, 9:26 PM
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    davilown
    Restrictive covenants and where to find them
    • #1
    • 12th Sep 17, 9:26 PM
    Restrictive covenants and where to find them 12th Sep 17 at 9:26 PM
    Hi, Hopefully exchanging on a property in the next few weeks and was getting some quotes at the property today when my new neighbours came round to say hello. Now me being one for tea and cake, had a good chat with them and they asked what my plans where for the property - I said a fairly sizeable extension and probably up in the roof as well.

    They then came out with the 'fact' that there are restrictive covenants
    on the four properties (built by the same person 70 years ago) of which one is supposed restriction of going up in the attics. Realistically, the one we are purchasing is the only one with a roof high enough (all 4 are bungalows but different shapes and roof pitches).

    I've already got the previous 2 conveyances (dated 1959 and 1975) which only have an access to drains, responsibility to repair them etc, but nothing else.

    I've downloaded the other 3 properties title deeds and plans but there is no mention of restrictive covenants on these either.

    Am I missing something simple? I have also asked my solicitor who said they would get back to me next week.

    It's not a major issue as just the rear extension will add 60m2 to the property so easily enough but just in case I would like to go up in the future that would be great.

    Also, there's no mention of borders and who is responsible for replacing them - I assumed it would be the left but the neighbour said I own the right (between them and me) but again no mention on the register/deeds.

    Thanks in advance
    Back in Debt £186,480/£225,000 on a mortgage, Overpayment £96 pm - Aim to be Mortgage free by 2028
    £27000/£27000 paid off Feb 2010 since LBM Jan 2007!
Page 1
    • G_M
    • By G_M 12th Sep 17, 9:50 PM
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    G_M
    • #2
    • 12th Sep 17, 9:50 PM
    • #2
    • 12th Sep 17, 9:50 PM
    Are you doing the conveyancing yourself? If so, time to stop!

    If not, what did your conveyancer say when you asked this question?

    As for the border, there is no rule specifying left (or right), and Title Plans only infrequently specify.
    • ThePants999
    • By ThePants999 12th Sep 17, 9:53 PM
    • 791 Posts
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    ThePants999
    • #3
    • 12th Sep 17, 9:53 PM
    • #3
    • 12th Sep 17, 9:53 PM
    You've looked in the right place. If the title documents don't reference any covenants then I can't see how there could be any valid ones. But as G_M says, why not just wait for your solicitor to confirm for certain?

    Borders, you've fallen foul of a common misconception. The title deeds often show who's responsible for maintaining the boundary, but that doesn't refer to upkeep of fences/hedges/whatever - that literally just means they're responsible for ensuring it's clear where the boundary is, which they could do with a string tied between some posts. If someone wants more than that, it's up to them to pay for it - and once installed, it's theirs to maintain. (Perfectly valid for BOTH sides to put up their own fence!) So if the neighbour is telling you the existing border feature belongs to your vendor, they're presumably right, and it'll become yours. On the plus side, that means it's entirely up to you what happens to/with it.
    • ThePants999
    • By ThePants999 12th Sep 17, 9:54 PM
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    ThePants999
    • #4
    • 12th Sep 17, 9:54 PM
    • #4
    • 12th Sep 17, 9:54 PM
    Are you doing the conveyancing yourself? If so, time to stop!
    Originally posted by G_M
    Reference in the OP to "my solicitor" suggests no, fortunately.
    • davilown
    • By davilown 12th Sep 17, 10:06 PM
    • 1,448 Posts
    • 936 Thanks
    davilown
    • #5
    • 12th Sep 17, 10:06 PM
    • #5
    • 12th Sep 17, 10:06 PM
    ThePants999 many thanks for your responses - just wanted to make sure I was missing anything from my own research.

    Reference the fencing - that's fine as long as I know where I stand in quite happy to put new fencing up even with the cost as it saves any potential discussions with the neighbours

    Cheers
    Back in Debt £186,480/£225,000 on a mortgage, Overpayment £96 pm - Aim to be Mortgage free by 2028
    £27000/£27000 paid off Feb 2010 since LBM Jan 2007!
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